Allen C. Newland

PO Box 822 (mailing address) Waynesville, NC 28786

Allen C. Newland 21 Cougar Trail (physical address no mail) Clyde, NC 28721 (828)593-8321 Flyguy2010a@yahoo.com

Date: July 10 th , 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Petition of Allen C. Newland for Exemption Purs uant to Section 333 of the FAA Reform

Act

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Allen C. Newland, operator o f Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography an d videography, hereby applies for an exemption from the listed Federal Aviation Regulati ons (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conduc ted within and under the conditions outlined herein or as may be established by the FAA as requi red by Section 333.1

As described more fully below, the requested exempt ion would permit the operation of small, unmanned and relatively inexpensive sUAS under cont rolled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The pro posed exemption, if granted, would allow Allen C. Newland to conduct commercial operations o f small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Page 2

Allen C. Newland plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including: - Aerial surveying - Event Photography/Videography - Agriculture purposes - Real Estate Photography - Aerial filmmaking and photography - Construction site inspections and monitoringStatutory Authority Section 333, titled “Special Ru les for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA auth orization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by sec tion 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 33 2(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation a uthorization” if several factors are met. Petitioner meets all requirements to permit FAA app roval of commercial UAS operations.

The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215 14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cos t, reduced noise and as such, a much smaller environmental impact which promotes public safety.

We are petitioning for exemption to enable Allen C. Newland to operate a Blade 350QX2 AP upgraded to the Version 2 firmware and equipped wit h a two-axis camera gimbal and using a High-Def camera. This sUAS has a built-in capabilit y to limit the height it flies above the ground

and to limit the radius of the distance it flies fr om the operator. The Blade also has the failsafe function of the autopilot system which means when t he communication between the Main Controller and the transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal i s good enough, the system will automatically trigger Return to Home and will land autonomously i n a safe controlled manner.

Please refer to the included Blade 350QX Instructio n Manual for the performance limitations and flight operations.

Aircraft weight is 24oz. with battery. The 2 Axis C amera Gimbal and Camera weigh 8oz. Gross weight will be 36oz.A Pre-flight inspection will be performed by the PI C in accordance with the factory instruction

manual. An added step will be the inspection of the propellers. A propeller will be replaced if it has any nicks and cracks with a manufacturers autho rized propeller.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual and only manufacturer's authorized replacement parts will be used.

FCC Information This Spektrum transmitter used for controlling the sUAS complies with part 15 of the FCC rules. Operation is subject to the following two co nditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. The Spektrum radio transmitter used for controlling the sUAS is wireless technology which has been tested and found to be compliant with the appl icable regulations governing a radio transmitter in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance: When operating our Spektrum transmitter, the PIC wi ll maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, wr ists, ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Du ties

The PIC will maintain at least a Private Pilot Cert ificate and a current Class III medical certificate, plus at least 2 hours flying time and 3 takeoffs and landings within 30 days in the type of UAS utilized in operations.

The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled Model Aircraft of which will be 10 hours flying sUA S's.

Training will be conducted at a local Radio Control Club flying field sanctioned and operated according to AMA guidelines. Allen C. Newland has t he ability to provide "dual controls" utilizing two Spektrum transmitters with a wired li nk between the transmitters. One transmitter is designated the master transmitter and the other tra nsmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will at all times, be able to assume control of the sUAS during all training operations if needed.

The PIC is responsible for the safe and efficient o peration of the aircraft. Specific duties include all preflight preparation, in flight operation, pos t flight requirements, all procedures including but

not limited to: Safe in flight operations Risk Mitigation to Persons and property Airfield Suitability

The Observer must have the visual acuity to observe the sUAV and be able to communicate clearly with the PIC. The Observers duties are; a) warning the PIC of any impending obstacles in the f light path of the sUAS.b) warning the PIC of any deviations in the planned fl ight path of the sUAS.

c) warning the PIC should any unauthorized personnel a ppear in the area of the planned flight. d) The Observer will have the authority to order the P IC to terminate the flight should he feel the flight cannot be conducted safely.

General Operating Standards

• Allen C. Newland will only operate its sUAS in li ne of sight of a pilot and observer and will operate at sites that are a 'sufficient distance' f rom populated areas. Such operations will insure

that the sUAS will "not create a hazard to users of the national airspace system or the public."

• Before an operation of a sUAV within 5NM of an ai rport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAV will be operated. T he sUAS will not be operated at an altitude of

over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

Before an operation of a sUAS within 5NM of a non-t ower controlled, airport operators will be notified and the PIC will give the right of way to avoid flying in the proximity of full-scale aircraft. At no time will the sUAV be operated with in the final approach course and the takeoff course of any runway. The sUAV will not be operated at an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1 000 foot ceiling.

• Maximum flight time for each operational flight w ill be 30 minutes.

• Flights will be terminated at 25% battery power r eserve should that occur prior to the 30 minute

limit.

• The sUAV will be programmed so that it will not b e operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an e levated platform from which filming is planned.

• Minimum crew for each operation will consist of t he sUAS Pilot, and Visual Observer.

• The sUAV operated by the petitioner weighs less t han 55 pounds, including the payload (i.e. camera, lens, and gimbals).

• The sUAV will operate at speeds of no more than 2 5 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size of the sUAV and the restrict ed sterile environment within which they will operate, our sUAV operations adhere to the Reform A ct's safety requirements.The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel, it operates at lower a ltitudes with no people on board and will thereby reduce current risk levels and thereby enha nce safety and diminish the likelihood of death or serious bodily injury. With a small payloa d and maximum flight time of only 20 minutes, this is offers little or no risk to nation al security.

Low level oblique photos and video from several ang les are far more effective than ground based imagery for displaying the characteristics of large , complex properties with several buildings and large trees. The applicants in the past have charte red 2-seat full-sized helicopters for this purpose, which has proven more costly than many pot ential clients have been able to afford. The benefits of reduced cost and improved quality of pr esentation from the UA will be valuable to and benefit many buyers and sellers of real propert y. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighte rs, the police, the sheriff, et al., while remaining subject to all limitations cited in this application as we do so. (a) No flight will be made with a Gross weight exc eeding 55 pounds;

(b) All operations must occur in FAA Class G airspa ce at no more than 400 ft AGL, at an airspeed of no more than 25 knots and no further th an 3/4 NM from the PIC;

(c) All operations must utilize a visual observer ( VO). The VO and PIC must be able to communicate by voice at all times during a flight o peration;

(d) Operations will be restricted to flights over p rivate property with the permission of the

property owner;

(e) All required permits will be obtained from stat e and local government prior to operation;

(f) will not be operated over densely populated are as;

(g) will not be operating over any open-air assembl y of people;

(h) will not be operating over heavily trafficked r oads;

(i) will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Allen C. Newland requests an exemption from the fol lowing regulations as well as any additional regulations that may technically apply t o the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuan ce of an airworthiness certificate. While the FAA continues to work to develop airworthiness stan dards for Unmanned Aerial Systems, we request an experimental certificate be issued for t he Blade 350QX2 under either orboth of the following provisions:

21.191 Experimental certificates. Experimental cert ificates are issued for the following purposes: (a) Research and development

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates , flights to substantiate major design changes, and flights to show compliance with the fu nction and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercia l purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being construc ted primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if no t safer, than a conventionally certificated aircraft performing the same mission. If an experim ental airworthiness certificate is not appropriate for this application, then we request a n exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificat e in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Si ze of marks. These regulations provide that each aircraft must d isplay "N" and the aircraft's registration number in letters at least 3 inches high. Additiona lly, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high ne ar the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance i n which the word "EXPERIMENTAL" can be placed, and may not have a registration number a ssigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where t he PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraf t while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words

"Unmanned Aircraft Ground Station" in letters 3 inc hes high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the ba nner should be visible to anyone that observes the aircraft and chooses to investigate it s point of origin.

14 CFR 61.113 Private pilot privileges and limitati ons: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Su bparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection wi th any business or employment if: (1) The flight is only incidental to that business or emplo yment; and (2) The aircraft does not carry passengers or property for compensation or hire. Ou r proposed operations require that the PIC

must hold at least a Private Pilot Certificate with a Class III Medical issued by the FAA and since the aircraft cannot carry passengers or prope rty, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this app lication is to conduct a business.14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate . As

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

. This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. We assume that the inten t of this requirement is to ensure that flight

manual information is available to the aircrew whil e operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew du ring flight operations. To obtain an equivalent level of safety and meet the intent of 9 1.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrum ent flight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully function ing dual controls." Training will be conducted at a local Radio Control Club flying field sanctioned and operated according to AMA guidelines. Allen C. Newland has the ability to provide "dual c ontrols" utilizing two Spektrum transmitters

with a wired link between the transmitters. One tra nsmitter is designated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will at all times, be able assume cont rol of the sUAS during all training operations.

91.119 Minimum safe altitudes : General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle , or structure. Since the typical mission of the sUAS would be photography or survey of persons, ves sels, vehicles or structures it would be necessary to operate closer than 500 feet to the it ems listed. Operations will only be flown over property or persons where permission has been obtai ned and careful pre-planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons o r property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should b e considered in granting the exemption.

CFR 91.121 Altimeter settings

. The regulation requires that aircraft shall mainta in cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. Th e sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display scre en held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR c onditions

. The regulation provides that no person may begin a flight in an airplane under day-vFR conditions unless there is enough fuel to fly to th e first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energyreserve as a safety buffer for delays to landing. T he sUAV is battery operated and the maximum

duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM from the p oint of intended landing, a full battery charge

at launch will ensure that we meet the reserve ener gy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certificatio ns required

. The regulation provides that an airworthiness certi ficate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness ce rtificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or cre w." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalen t level of safety and meet the intent of 91.203, we propose that documents deemed appropriat e for this aircraft by the FAA will be with the crew at the ground control station and availabl e for inspection upon request. In order to identify the aircraft, we propose that the informat ion found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Pre ventive Maintenance, Alterations The regulation provides that the operator is primar ily responsible for maintaining the aircraft in an airworthy condition, including compliance with p art 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return t o service by a person authorized under 43.7" after maintenance and inspection. It is our intenti on that the PIC perform maintenance and inspection of the aircraft and "be authorized to ap prove the aircraft for return to service." The

PIC will ensure that the aircraft is in an airworth y condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a p ropeller, checking electrical connections and updating software and firmware for the on-board com puter. All other maintenance will be performed by the manufacturer or their designated r epair facility. The PIC will document work performed in accordance with 91.417. We feel that d ue to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent l evel of safety.

Safety and Benefits of the UAS Allen C. Newland will be using the UAS in a variety of applications that generally require expensive full-size manned aircraft to complete. Sm all, light, unmanned aerial vehicles offer myriad benefits over the use of full-sized manned a ircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft carr ying crew and flammable fuel with small UAS carrying no passengers or crew creates a much great er margin of safety for the pilots and crew. By granting Allen C. Newland‘s requested exemptions , the FAA will help drive development of safe and successful commercial UAS o perations and will advance the public knowledge base for such operations. Allen C. Newlan d is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing datafrom its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant t his Petition.

Conclusion As pointed out in this application, all the SUAs wh ich we would use, under authorization by the US DOT-FAA, are small, light-w eight devices operated within the line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spacepor t, or other location with aviation activities, unless the air traffic control authorities (ATC) ha ve been notified and have authorized each flight

within a radius of this distance.

All our SUAs have proven capability for controlled flight. They are devices offered for general

sale on the market around the world and have often been used as Model Aircraft in the USA.

We are certain that the studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the as surances on the airworthiness of SUAs

such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Allen C. Newland should be permitted to conduct small UAS op erations in accordance with its manuals and all other operating parameters deemed n ecessary and appropriate by the FAA. The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so tha t some SUAs may be used for legitimate commercial activities and under reasonably safe con ditions.

Signed

Allen C. Newland